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Terms and conditions

Fees:

All fees due the photographer are to be paid before delivery of any material. In certain circumstances a deposit or full payment may be required before the work can be carried out. In that case such a requirement will be stated in writing by the photographer as part of the agreement.

Expenses:

Expenses will be included in the quote for any work undertaken unless additional requirements are made by the client in writing and accepted for an additional fee agreed in writing by the photographer.

Employment:

Agreements for work carried out by the photographer constitute a contract for services to which the provisions of the Employment Rights Act 1996 do not apply. At no time during the period covered by the agreement will a contract of employment exist between the client and the photographer.

Data Protection Act:

It is agreed that the photographer may make use of data concerning the client for the purposes of any agreement and for the purposes of keeping in contact with the client.

Warranty:

As a consultant to the client the photographer undertakes to warrant that all work provided as part of the agreement is original, that it shall not be defamatory, and shall not infringe the rights of any third party, or be in any way unlawful.

Use of email:

If the client provides the photographer with a client email address, the photographer agrees not to use that address for purposes not related to duties under the agreement with the client.

Confidential Information:

All information relating to the client which may reasonably be regarded as confidential information shall be regarded and treated by the photographer as confidential information. The photographer undertakes not to disclose either directly or indirectly any confidential information acquired in any manner, and further undertakes to use all Confidential Information disclosed to the photographer exclusively for the provision of the agreement with the client.

Exceptions to Confidentiality:

The provisions of Confidentiality shall not apply to the photographer in respect of any information which:

  1.  The photographer can prove by documentary evidence produced to the client that such Confidential Information was already in possession of the photographer before the disclosure to the photographer under the current agreement.
  2.  Any Confidential Information is at the time of disclosure available or subsequently becomes available to the public otherwise than through any act or default of the photographer.
  3. Is developed by the photographer without dependence directly or indirectly upon the disclosure of Confidential Information by the client.
  4. Is disclosed by third parties as a result of unexpected actions beyond the photographer’s knowledge or control.

Intellectual Property:

The photographer retains all copyright, design right, and other proprietary rights (if any) for the full terms thereof throughout the World in respect of all copyright works and designs originated, conceived, written, or made by the photographer (except only those works or designs originated, conceived, written, or made which are wholly outside of the agreement entered into with the client) during the period of the agreement with the client. If the client is granted the right to purchase the intellectual property rights from the photographer for an additional fee to be determined by the photographer, this will be stated as part of the agreement.

The photographer retains all moral rights conferred to the photographer by Chapter IV of Part I of the Copyright Designs and Patents Act 1988 for any work in which copyright or design right is vested in the photographer, unless waived in writing for an additional fee to be determined by the photographer as part of the agreement.

Variations:

No variation to any agreement between the photographer and the client shall be valid unless in writing and signed by both parties.

Assignment:

Except with the prior written consent of the client, the photographer shall not assign or sub-contract rights or obligations under an agreement with the client. The client will not assign its rights and/or obligations outside of its own company or group without prior written consent of the photographer.

Law:

Agreements shall be governed by and in accordance with the laws of England and Wales, and shall be subject to the exclusive jurisdiction of the English courts.